Sustainable Tourism Law

70 SUSTAINABLE TOURISM LAW Consumer Union was founded. The movement was successful and generated, over time, a set of rules for consumer protection (consumer protection). It spread in European countries and in Italy in the late 1960s, and was subsequently boosted by the European Law. In 2011, the Code was amended as per Legislative Decree 23 May 2011, no. 79 on time share and organized tourism (art. 82 / 100) now abrogated. In 2015, the Consumer Code was further updated with the Legislative Decree 6 August 2015, no. 130 (implementing Directive 2013/11 / EU on ADR for consumers) that in Part V introduced Title II- bis concerning the new regulations on the extra-judicial resolution (ADR) of consumer disputes (from Article 141 to Article 141-decies). Anybody can be a “Consumer”. But not “anybody” in any of its manifestations within a legal framework, but only when it enters into a legal relationship with an enterprise, whether it is for a product (product liability), advertising, home sales, credit (consumer credit), production of goods or services with distinctive signs (trademarks or brand) or in relation to the rules on contractual general terms and conditions, or linked to the use of forms. The “heart”, therefore, of consumerism, its unifying element, the foundation of the sought after “dogmatic autonomy”, is the “act of consumption”, the act that is put in motion by the consumer within his legal relationship with one enterprise. In conclusion, a tourist is a consumer and, as a consumer, enjoys all the protection given by Consumer Law. But, as a tourist, he also enjoys personal protection, given by the special rules connected with his travel experience. We may therefore say that the tourist enjoys a kind of “double” protection, as a consumer and as a tourist 61 . VIII. ECOLOGY, ENVIRONMENT, DEVELOPMENT AND SUSTAINABILITY The new frontier: The conflict between economic growth and sustainability The idea of tourism that we have traced up to now was synonymous of progress, development, wealth and nature. Tourismwas “green”. The first “green industry”. 61 Oscar CASANOVAS IBÁÑEZ (Universitat de Barcelona), El derecho turístico: de viajero a consumidor , In Revista CIDOB d’Afers Internacionals , 2016, Issue 113, p. 33-50; Vincenzo FRANCESCHELLI, Turismo e trasporto aéreo. (da passeggero a passeggero turista) , in XXXIV Jornadas Latinoamericanas de Derecho Aeronautico Y Espacial, Padova, CEDAM, 2010, page 525.

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